THESE TERMS AND CONDITIONS ("Terms and Conditions") ARE A LEGAL AGREEMENT BETWEEN YOU AS A USER (COLLECTIVELY THE INDIVIDUAL AND THE COMPANY, IF ANY, THAT THE INDIVIDUAL REPRESENTS 'USER') AND THE OWNERS AND OPERATORS DESCRIBED BELOW. THE TERMS AND CONDITIONS GOVERN THE USE OF THE WEBSITES, AND ASSOCIATED SOFTWARE ('SOFTWARE'), BY USER AS DESCRIBED BELOW, INCLUDING THE ONLINE, EMBEDDED AND OFFLINE ASPECTS OF THE WEBSITES AND SOFTWARE. USER REPRESENTS AND WARRANTS THAT USER HAS AUTHORITY TO, AND DOES, AGREE TO THIS AGREEMENT. USER REPRESENTS AND WARRANTS THAT USER HAS CAREFULLY READ THE TERMS AND CONDITIONS.

The parties agree as follows: By clicking 'I AGREE', or by continuing to use any of the websites located at StatSheet.com, Embed.StatSheet.com, StatPlot.com, Stat.us, and StatFix.com and any other websites later added by Owners and Operators (collectively 'Websites') or by subscribing to any of the Websites or licensing the Software described on the Websites, User, together with the company represented by User, shall be bound by and become a party to the Terms and Conditions, in consideration of the owners and operators of the Websites and the Software ('Owners and Operators') permitting User to use the Software or Websites for the purposes described in the Websites and Software. If User does not agree with the Terms and Conditions, click the 'do not accept' button and do not use the Websites or the Software.

1. Indemnity. User indemnifies and, at User’s expense, shall defend and hold the Owners and Operators, and their employees, officers, directors, and contractors, harmless from any and all costs, liabilities, and expenses (including without limitation attorney fees and court costs) that arise from any misuse or misconduct of the Websites or Software by User or arise from any of User’s Content.

2. Compliance With All Laws. User shall comply with all federal, state, and local statutes, laws and regulations in the use of the Websites and Software. User shall not interfere with or disrupt the Websites or use of the Websites or Software beyond what is expressly permitted in the Terms and Conditions and the Websites, or disobey any requirements, procedures, policies or regulations displayed by the Websites or the Software.

3. Protection against Unauthorized Use. User shall prevent any unauthorized use of the Websites and Software. User shall immediately notify the Owners and Operators of any unauthorized use that comes to User’s attention. User will cooperate and assist with any actions taken by Owners and Operators to prevent or terminate unauthorized use of the Service.

4. Termination. User agrees that Owners and Operators may, with or without cause, terminate User’s access to the Websites or Software or use of the Websites or Software at any time and without any reason and without prior notice.

5. Information Provided. User shall be responsible solely at its own risk for choosing how to use any information posted or transmitted through the Websites or the Software ('Content'). Owners and Operators are not responsible for determining if the Content is correct. User shall not rely on the Content without further checking to determine if it is accurate. User shall not assert any claims against Owners or Operators for any defects, errors or omissions in any Content or the Websites or Software. User fully and irrevocably licenses, perpetually and royalty-free and without any compensation, the Owners and Operators and their licensees to display, alter, revise, publish, re-publish, transmit, copy, use and re-use in any form, media, or manner that any of the Owners and Operators elect, and create derivative works, for commercial or other purposes in whole or in part or in composite form or in revised or edited form without restriction, all or part of the works of authorship, information, charts, and materials posted, placed or uploaded to any of the Websites by User or created by User on any of the Websites ('User’s Content') and User waives all moral rights and rights to approve changes to the User’s Content.

6. User Restrictions. User agrees not to take any action that interferes with the proper working of or places an unreasonable load on the Websites or the Software. User shall not engage in, or allow any other party to engage in, screen scraping, automatically downloading or otherwise removing or copying data, code or Content from the Websites or Software for any purpose or use at any time. User shall not use or display any part of the API or other methods of interfacing in any manner that is different from the manner described and permitted by the express language of the Websites or the Software.

7. Disclaimer of Warranties USER UNDERSTANDS AND AGREES THAT THE CONTENT, WEBSITES, AND SOFTWARE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS AND SHALL NOT BE RELIED UPON IN MAKING DECISIONS. OWNERS AND OPERATORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OWNERS AND OPERATORS MAKE NO WARRANTY THAT (a) THE CONTENT, WEBSITES OR SOFTWARE WILL MEET USER’S REQUIREMENTS, (b) THE CONTENT, WEBSITES, OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT, WEBSITES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY CONTENT, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY USER THROUGH THE WEBSITES OR SOFTWARE WILL MEET YOUR EXPECTATIONS OR BE ACCURATE.

8. Disclaimer of Damages. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THE TERMS AND CONDITIONS, OWNERS AND OPERATORS SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER OR ANY OTHER PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE WEBSITES OR SOFTWARE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, PENALTIES OR LOSS OF BUSINESS, EVEN IF OWNER OR OPERATOR IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

9. Maximum Liability. UNDER NO CIRCUMSTANCES WILL OWNERS’ AND OPERATORS’ TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THE WEBSITES OR SOFTWARE, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $100.

10. Independent Allocations of Risk. EACH PROVISION OF THE TERMS AND CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY OWNERS AND OPERATORS TO USER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS. THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 7, 8, 9 AND 10 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

11. Governing Law. The Terms and Conditions between User and Owners and Operators will be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of laws principles. Any controversy or claim arising out of or relating to the Websites or Software or the Terms and Conditions must be commenced within one year after the claim arose.

12. Waiver. The waiver by any party of any breach does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation.

13. Severability. The Terms and Conditions will be enforced to the fullest extent permitted by applicable law. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of the Terms and Conditions will continue in full force and effect. The Terms and Conditions will be construed as though all parties had drafted it.

14. Entire Agreement. The Terms and Conditions are the final and complete expression of the agreement between the parties regarding the Content, Websites and the Software. The Terms and Conditions supersede, and the terms of the Terms and Conditions govern, all previous oral and written communications regarding these matters, all of which are merged into the Terms and Conditions. No employee, agent, or other representative of Owners or Operators has any authority to bind Owners or Operators with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in the Terms and Conditions or in a written document agreed to by an officer of the Owners and Operators. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of the Terms and Conditions. However, the Websites, Software, and Terms and Conditions can be changed by Owners and Operators at any time by Owners and Operators posting the changes on the Websites. If User continues using the Websites or Software after notice of the change is posted and available at the Websites then User have agreed to the changes. Otherwise, this Agreement may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought. Owners and Operators will not be bound by, and specifically objects to, any term, condition, or other provision that is proffered by User in any receipt, acceptance, confirmation, correspondence, or otherwise, unless Owners and Operators specifically agree to such provision in a writing signed on paper by an authorized officer of Owners and Operators.

In addition, User shall comply with the following rules on all of the Websites:

1. User shall not hide or disable any logos, trademarks or hyperlinks that any of the Websites or Software contain from time to time as determined by Owners and Operators.
2. User shall not post, place, or upload any User’s Content on any of the Websites that violates the rights of the parties described or included in the User’s Content.
3. User shall not post, place, or upload any User’s Content on any of the Websites that defames the parties described or included in the User’s Content.
4. User shall not post, place, or upload any User’s Content on any of the Websites that violates the copyright or other rights of the owners of the User’s Content.
5. User shall not engage in any abusive language or behavior in any User’s Content.
6. User authorizes Owners and Operators to remove or edit any User’s Content that any party complains about or might complain about.
7. User shall not resell any of the Content or any portion of the Websites or Software to any other party or charge for the use or display of the Content, Website or Software in any manner.
8. User shall not embed any of the Content or Software in any website or other electronic or non-electronic publication of any kind that is pornographic or otherwise listed by Owners and Operators as unsuitable on any of the Websites.
9. User shall not enroll or subscribe for more than one account on the Websites.
10. User shall not exceed any embedding, uploading or downloading limits or restrictions set forth on any of the Websites or Software.